Legal framework for gun buyback scheme announced

Police Minister Stuart Nash has announced a legal framework for the gun buyback will be established as a first step towards determining the level of compensation. It will include compensation for high capacity magazines and parts.

Mr Nash has outlined changes to the Arms (Prohibited Firearms, Magazines and Parts) Amendment Bill which will be debated during the committee stages of the legislation.

The Supplementary Order Paper reflects changes arising from the Select Committee process. It sets out the framework for dealing with the legal ownership of weapons, magazines and parts and the broad approach for determining payments.  

“The regulations will create a framework to set compensation based on make, model and condition of the items. They will provide for rights of review and appeal,” Mr Nash says.

“Independent advisors will develop the price list for approval by Cabinet. A separate expert panel of advisors will be established to determine fair compensation for high value firearms.

“Police have also consulted extensively with Australian officials to familiarise themselves with the pitfalls and legal risks encountered there. Australia has had almost thirty amnesties and buyback schemes since the 1990s.

“The new measures make it clear that surrendered firearms will be the property of the Crown. Owners will be compensated for them, if the guns were lawfully obtained and the person had the appropriate firearms licence. Price lists will be set out in regulations which are now being drafted.

“This framework provides certainty for all participants in this process and sets out a clear appeal process if the compensation is disputed.

“A number of transitional measures are also being put in place to handle one-off questions.  This includes weapons which were in transit from overseas when the ban took effect. Customs officials may deliver them to Police as part of the amnesty and buyback arrangement.

“Police are already collecting bank account details from people who are taking part in the gun amnesty. They are well placed to begin paying compensation once the scheme is confirmed. I can reassure firearms owners there will be plenty of time for them to hand over their weapons as part of the amnesty and to have their compensation processed under the buyback as well.

“The government has listened closely to official advice about the need to provide statutory authority for decisions and payments under the buyback scheme,” Mr Nash said.

The regulations are expected to be considered by Cabinet in May. If necessary, the amnesty can be extended by a month or so to run alongside the buyback.

Note: The SoP is published here: http://legislation.govt.nz/bill/government/2019/0125/latest/versions.aspx